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This chapter considers the post-Brexit procurement law landscape. While the UK procurement regime has undoubtedly changed, post-Brexit procurement remains both relatively detailed and relatively prescriptive, once the TCA, the position arising from the Protocol, and current UK government proposals for the future of public procurement are considered together. That said, the potential for greater flexibility in the future remains. Greater latitude clearly arises In respect of sub-threshold contracts, although increased flexibility may result in small and medium-sized enterprises (SMEs) losing important market access opportunities. Incorporation of secondary policies – social, labour and environmental objectives – into the procurement process has previously been closely regulated by the EU due to concerns of facilitating disguised ‘economic nationalism’, and thus an opportunity for expanding their use arises post-Brexit. Early indications are that there is an interest in pursuing this opportunity.
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